What Punishment is Awarded on Domestic Violence?
In most states, a crime committed against a family or domestic partner can result in more severe penalties than the same offense would have been if it were committed against someone who wasn’t part of the relationship. These crimes include assault, battery, sexual assault, criminal threats, and other violent acts.
Some states have specialized laws that define and penalize domestic violence. They also make it easier for the court to order a protective order against a person accused of domestic violence.
What Does Domestic Violence Look Like?
Abuse doesn’t just look physical – it looks and feels like anything that gets in the way of your control. It might be something as minor as slapping you, punching you, threatening to take your kids away or harm them, or even destroying your property.
It can also be something as extreme as cutting off your access to money, the Internet or a phone. It could even mean keeping you from seeing your friends or family.
Abusers are very good at making excuses and blaming you for the abuse. They might say that they have a bad childhood, have a mental problem, or are unable to control themselves.
They might even deny that they were abused in the first place. They might claim that they were just trying to protect you from the police or their boss.
This kind of excuse is a dangerous one because it can lead to more and more abusive behavior. It’s a vicious cycle that can cause a lot of pain, suffering and trauma for the people who are being abused.
There are also consequences for the alleged abusers who commit domestic violence. If they are caught, they may be subject to jail time and fines. They might be forced to undergo counseling or probation, and may be prevented from entering their victim’s home or contacting them.
The victim or complaining witness might receive a Temporary Order of Protection, which is a court-ordered safety measure for the alleged abuser that sets the rules for how they must treat their partner. The court might also issue a permanent Order of Protection, which means the alleged abuser cannot be allowed to visit the victim, see their children, or contact them for a specified amount of time.
If the victim is arrested, the judge may also order that they stay away from their abuser for a specified period of time or they might have to pay restitution for medical expenses incurred by the victim as a result of the incident. They may also face other penalties, such as being placed on supervised probation or receiving county jail time depending on the severity of the crime.
What is the Burden of Proof?
When you are facing a domestic violence charge, the burden of proof is on the prosecutor to prove that you are guilty beyond a reasonable doubt. This is why it’s so important to consult with an experienced attorney.
